CAMERON V R [2017] NZSC 89 – CONTROLLED DRUG ANALOGUES, INDETERMINACY AND MENS REA UNDER THE MISUSE OF DRUGS ACT 1975

Abstract

In Cameron v The Queen, the Supreme Court addressed the mens rea element in offences under the Misuse of Drugs Act 1975 (the MDA) involving controlled drug analogues. The Court also considered whether it falls to the jury to decide, as a question of fact, whether a substance is “substantially similar” to a controlled drug and thus a “controlled drug analogue” or, alternatively, if this is a question of law to be decided by the trial Judge. The Court identified two further statutory interpretation issues that required resolution. First, whether the indeterminacy of the definition of controlled drug analogue necessitated the appellants’ proceedings to be stayed and, second, whether the active ingredient in the drugs that the appellants were manufacturing and distributing are caught by the drug analogue regime.